ARBITRATION COURT

Hokitika Guardian, 15 May 1933, Page 6

ARBITRATION COURT

TWO CLAIMS DEALT WITH

GREYMOUTH, May 15

At Greymonuth on Saturday the Arbitration Court dealt with two cases. Justice Frazer presiding. MINER'S CLAIM SUCCEEDS.

The claim of William David Jones (Mr P. J. O’Regan) v. H.M. The King (Mr F. A. Kitchingham), as a' result of an acioe’ent at the J antes State Mine, was taken. Diving judgment, His Honour said that if plaintiff had refused an offer prior to the neurasthenic symptoms developing, then the Court could not hold that plaintiff was entitled to compensation up to the present time. The point in the present ease was whether at the time of the offer made for a. settlement, plaintiff had developed traumatic neurasthenia or on the> other hand the traumatic neurasthenia lie now suffers from is due t<v lii.s. having failed to reach a* settlement at the time. The doctors agreed to plaintiff’s present condition, although Dr Will did not so? any signs when he examined him early in October, 1932. The Court must assume that the neurasthenic condition developed early in October, 1932, and. the offer was made three to four weeks after he had seen Dr Will, and it Was quite reasonable to assume that neurasthenia had developed by November. Plaintiff was entitled to. succeed and the amount was not in dispute, and he was entitled to full compensation to date, and full compensation for a further three months to allow of the departure of the neurasthenic conditions, and then 33 1-3 per cent of the loss of'the left arm from three months hence. With compensation based on £4 a week, plaintiff was entitled to a total sum of £353 19s 9d. including amount paid into Court, £lO 10s solicitor’s-fee and £4 4s medical expenses. BLACKSMITH’S INJURIES.

The next case was a claim by Charles Tanner (Mr P. J. OTlegan) v. Hunter and Party, co-operative coalminers.'(Mr F. A. Kitchingham), for weekly compensation payments. The defendant company had paid a total of £545 12s into. Court, covering 50 per cent disability,-less £164 already paid. v Giving his decision, LI is . Honour said it was common ground that plaintiff met with very severe injuries,) and; it was- common ground -also- •that'-the injuries had permanent results. The local medical witnesses did not pay a •great deal of attention to results of .’the accident so far as the broken leg was concerned,’.but-they did lay special stress on plaintiffs condition, which was described a& one of paralysis. On the other hand the ‘Christchurch doctors laid weight on the leg injury. It was hard to conclude that plaintiff was fitted for occupation suggested by the defence. The- Court rather thought that plaintiff’s general appearance would militate against* his employment in such' als' a fireman’s work. His deafness wa.s a setback, arid although ther was a man in ChristohriTcli who was a,, successful paper seller although, deaf, but Ire Lad been there for years. As a caretaker or- a nightwatchman he thought plaintiff had no possibilities of engagement. The Court had come to the conclusion that the only job plairitiff was fit for was' a handy man’s job about a place, who would possibly receive'los a week and keep; The Court had come to the conclusion that plaintiff was about 75 per cent unfit, his injuries becoming stable in August last. It was cighty-one weeks since the accident. Plaintiff was entitled to full compensation up to September Bth last, and 75 per cent for the remainder of the period of liability up to the present date. Plaintiff was awarded a total compensation of £7Ol 8s 4d in full settlement, in addition to £164. already paid, a total of £865 8s 4d Solicitor’s costs £lO 10s, medical witnesses's expenses and first aid fee £l, were also allowed to plaintiff;